Saint Mary’s College – Department of Athletics
Name, Image, and Likeness Policy and Guidelines for Student-Athletes

 Saint Mary's College supports student-athletes receiving compensation for the use of their name, image, and likeness from sources outside the College. This policy helps student-athletes become more informed on what name, image, and likeness opportunities are and how they can successfully navigate that process.

In conjunction with NCAA policy, Saint Mary's College and the Department of Athletics (the institution) have developed specific policies to the address name, image, and likeness (NIL) activities of student-athletes. A student-athlete's failure to comply with this policy may result in penalties imposed by the NCAA and/or the institution that could impact the student-athlete's eligibility to participate in intercollegiate athletics.

• NCAA Name, Image, and Likeness Webpage

NIL Defined

NIL activities include any situations in which a student-athlete's name, image (photo and/or video of the student-athlete), likeness (graphic representation), or personal appearance is used for promotional purposes by a non-institutional entity. This can include activities by the individual student-athlete, a commercial entity, or a non-institutional non-profit or charitable entity. While such activities may provide compensation for a student-athlete, those activities that do not provide compensation are also covered under this policy. Student-athletes' use and monetization of their NIL may involve a wide range of activities, including but not limited to:

• Traditional commercials or advertisements for products or services
• Development and promotion of a student-athlete's own business
• Personal appearances which constitute a promotion of a business, product, organization, etc.
• Implementation and promotion of camps, clinics, and/or private lessons organized by the student-athlete
• Sponsored social media posts and social media ambassador agreements with third parties
• Autograph sessions

Institutional Disclosure Requirements

Student-athletes are required to disclose contact information for all parties involved in the use of their NIL as well as any involved professional service providers. The student-athlete must also disclose compensation arrangements and the details of their relationship with involved parties. Student-athletes must disclose proposed NIL activities to the institution at least seven (7) days prior to committing to said activities. If arrangements and details of agreements to promote a commercial product or service are amended, the student-athlete must provide notice at least seven (7) days prior to the effective date of the change.

An NIL disclosure form is available from the Department of Athletics and should be completed for each activity.

Institutional and NCAA Restrictions

Student-athletes must ensure that all NIL activities align with existing institutional and NCAA restrictions.

• A student-athlete may not enter into an agreement with a third-party that conflicts with any existing sponsorship agreements. If the institution identifies a conflict between the student-athlete's NIL activities and an existing sponsorship agreement, the institution shall inform the student-athlete of such a conflict so the student-athlete has the opportunity to negotiate a revision of name, image, and likeness activities with the third-party. That revision is also subject to additional review and approval by the institution.
• Student-athletes may not engage in NIL activities while participating in required institutional activities or while representing the institution.
• Student-athletes may not enter into an apparel contract that requires the student-athlete to display a sponsor's apparel, or otherwise advertise for a sponsor, during official team activities if the provision is in conflict with a provision of the institution's team contract.
• Student-athletes are not permitted to use logos, including institutional marks (e.g. the French Cross), which identify the institution in any NIL activities. A student-athlete may only reference their attendance at the institution and participation in athletics in biographical information. NIL activities are focused on the student-athlete, not the institution.
• Student-athletes may not use institutional athletic facilities for any NIL activities, with the exception of use for a camp, clinic, or lessons provided the student-athlete complete a rental agreement with the College through Campus and Community Events.
• While a student-athlete is permitted to engage in NIL activities on the institution’s campus, all activities are subject to applicable College policies and procedures regarding third-parties and commercial ventures.
• Student-athletes may not miss required educational obligations (e.g. class, exams, or scheduled tutor/mentor sessions) or required team activities for any NIL activities.
• A student-athlete's involvement in NIL activities will not relieve the student-athlete from the obligation to comply with all NCAA and institutional academic standards, requirements, regulations, or obligations; team rules of conduct or other applicable rules of conduct; standards or policies regarding participation in intercollegiate athletics; or disciplinary rules and standards generally applicable to Saint Mary's College students.

Additionally, a student-athlete may use professional service providers (an agent, tax advisor, marketing consultant, attorney, brand management company, etc.) for advice, contract representation, and the marketing of their NIL, so long as the professional representation is NOT representing the student-athlete in securing professional athletic opportunities.

Prohibited Activities

Aligned with NCAA Bylaw 12, specific activities or conditions regarding NIL activities are not permissible and may result in loss of eligibility.

• Student-athletes may not receive compensation which is conditioned or contingent on:
  • enrolling at any specific institution,
  • continuing enrollment at any specific institution, or
  • specific athletic performance or achievement.
• Additionally, student-athletes can only be compensated for actual services rendered (quid pro quo)

Student-athletes may not enter into agreements for use of their name, image or likeness in any Prohibited Sponsorship Category. In the event that a student-athlete enters into agreement in a Prohibited Sponsorship Category, the student-athlete shall be required to terminate such agreement. A "Prohibited Sponsorship Category" is any sponsorship agreement in certain categories, with specific entities, or with specific identified individuals that are in conflict with existing College contracts, College policies, or for any other reason determined in good faith by the College. 

Prohibited Sponsorship Categories include, but are not limited to:

• Gambling or sports wagering, and vendors associated with gambling or sports wagering
• Adult entertainment and vendors associated with adult entertainment
• Alcohol and vendors associated with alcohol products
• Tobacco and vendors associated with tobacco products
• Marijuana and vendors associated with marijuana products
• Products or services that are illegal
• Substances that are on the NCAA Banned Substance List
• Activities which are, in Saint Mary's College's sole judgment, misleading, offensive, or in violation of a statute, law, ordinance, NCAA bylaw, or any College contract obligation
• Activities that adversely affect the College’s reputation
• Activities that appear to create an endorsement by the College of a particular company, product, political candidate, or position regarding public policies
• Activities that ridicule, exploit, harass, or demean persons on the basis of their age, color, creed, physical or mental disability, national origin, citizenship, veteran status, marital status, race, religion, sex, sexual orientation, and/or gender identity

Additionally, student-athletes may not sell or trade any equipment, apparel, or awards provided to them by the institution as part of any NIL activities. Student-athletes may not enter into an agreement for NIL activities unless the compensation to be paid to the student-athlete is for work actually performed (e.g. a student-athlete cannot set up a GoFundMe page to be given funds) and is at a rate reflecting fair market value.

Institutional Involvement

Neither the institution nor an institutional staff member may be involved in the development, operation, or promotion of any student athlete's NIL activities. Further, institutional staff members may not enter into agreements with, or benefit from a student-athlete's NIL activities. As a reminder, NIL activities may not include pay-for-play stipulations or compensation contingent on enrollment at a particular institution.

Additional Considerations

• International student-athletes should seek guidance regarding the impact of any NIL activity upon their visa status.
• Student-athletes should be aware that income from NIL activities would likely be considered taxable income. Student-athletes should consult with an appropriate tax professional about the tax implications of any compensation they earn.
• Any income received by a student-athlete could impact that student-athlete's eligibility for need-based financial aid.

NOTE: Disclosure of NIL activities to the Department of Athletics does not constitute endorsement by the institution.